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Conscience, Disobedience, and Standard of Care.

Stephen R Latham

    The Hastings Center Report
    |August 8, 2024
    PubMed
    Summary
    This summary is machine-generated.

    Physicians' rights regarding medical referrals face a "referral asymmetry." This commentary argues that when providers must act against institutional policy, it constitutes civil disobedience, not conscientious objection.

    Keywords:
    civil disobedienceclinical ethicsconscientious referralmedical referralreferral asymmetrystandard of care

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    Area of Science:

    • Medical Ethics
    • Bioethics
    • Healthcare Law

    Background:

    • Current U.S. law permits physicians to refuse referrals for procedures they object to.
    • However, it does not yet protect physicians who wish to make referrals for treatments their institutions oppose.

    Purpose of the Study:

    • To analyze a second asymmetry in conscientious objection law concerning the standard of care.
    • To evaluate whether a provider's referral or nonreferral aligns with medical standards.

    Main Methods:

    • The commentary critically examines the legal and ethical frameworks of conscientious objection in medicine.
    • It analyzes the concept of referral asymmetry and its implications for healthcare providers and institutions.

    Main Results:

    • A distinction is drawn between a physician's right to withhold referrals and their right to provide referrals aligned with their conscience.
    • The article posits that actions compelling referrals against institutional policy may be better characterized as civil disobedience.

    Conclusions:

    • The existing referral asymmetry in U.S. medical law requires re-evaluation.
    • Aligning provider actions with the standard of care, even when conflicting with institutional policy, may necessitate a framework beyond traditional conscientious objection, potentially involving civil disobedience.